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©State of Queensland
''The
River Improvement Trust Acts, 1940 to 1965"
with
REGULATIONS
and
INDEX
(Compiled to 30 May, 1966)
Prepared by Direction of The Hon. H. RICHTER, M.L.A., Minister for Local Government and Conservation
BRISBANE
By Authority: S. G. REm, Government Printer, Brisbane
1966
"THE RivER IMPROVEMENT TRUST ACTS, 1940 TO 1965"
REGULATIONS INDEX ..
. . 1 .. 33 .. 42
RIVER IMPROVEMENT TRUST ACTS, 1940 to 1965
River Improvement Trust Act of 1940, 4 Geo. 6 No. 5 Amended by
Burdekin River Trust Act Amendment Act of 1956, 5 Eliz. 2 No. 24 River Improvement Trust Acts Amendment Act of 1959, 8 Eliz. 2 No. 27 River Improvement Trust Acts Amendment Act of 1959 (No.2), 8 Eliz. 2
No. 71
River Improvement Trust Acts Amendment Act of 1965, No. 34
An Act to Provide for the Control of Erosion in Relation to Part of the Burdekin River; to Make Financial Provision to Repair Damage Occasioned by Cyclone and Flood to the Banks of that River; to Constitute a Trust Charged with Guarding against the Future Occurrence of any such Damage; to Provide for the Constitution of a Trust under this Act in Relation to any other River; and for other purposes
[Assented to 16 October 1940]
1. Short title. This Act may be cited as "The River Improvement Trust Act of 1940," and shall be in force in and with respect to all river improvement areas.
As amended by Act of 1959, 8 Eliz. 2 No. 27, ss. 2, 4.
Collective title conferred by Act of 1965, No. 34, s. 1 (3).
2. ( 1) Meanings of terms. In this Act, unless the context otherwise indicates or requires, the following terms shall have the meanings respectively assigned to them, that is to say:-
"Banks"-When used in relation to any river, the term includes all elevations or slopes confining or tending to confine waters flowing in, into, or out of that river during the period of any flood or cyclone to the bed thereof;
"Commissioner"-The Commissioner of Irrigation and Water Supply under and within the meaning of "The Irrigation and Water Supply Commission Acts, 1946 to 1949";
"Land"-Includes (but without limiting its ordinary meaning or the meaning assigned to it by "The Public Works Land Resumption Acts, 1906 to 1938") any land the fee-simple of which is subject to any trust or which is held from the Crown upon any tenure or subject to any trust under any Act relating to the alienation of Crown lands:
The term also includes any estate or interest in land (legal or equitable) and any easement, right, power, or privilege over, in, or in connection with land;
"Minister"-The Minister for Local Government and Conserva- tion or other Minister of the Crown for the time being charged with the administration of this Act: the term includes a Minister of the Crown temporarily performing the duties of the Minister charged with the administration of this Act;
"Prescribed"-Prescribed by this Act;
"River"-Includes any stream of water, whether perennial or intermittent, flowing in a natural channel, or in a natural channel artificially improved, or in an artificial channel which has changed the course of the stream of water and any affluent, confluent, branch, or other stream into or from which the river flows and, in the case of a river running to the sea or into any coastal bay or inlet or into a coastal lake, includes the estuary of such river and any arm or branch of same and any part of the river subject to the ebb and flow of the tide at ordinary spring tides;
"River Improvement Area"-A river improvement area constituted under this Act;
"This Act"-This Act and all Orders in Council and regulations hereunder;
"Trust"-A Trust constituted under this Act;
"Works"-The term includes the whole or any part of any works, project, undertaking, or other matter or thing whatsoever undertaken and/ or maintained under this Act for the purposes of repairing as far as may be damage occasioned to the banks of any river within a river improvement area prior to or after the passing of this Act by flood or cyclone and/ or of preventing as far as may be the future occurrence of such damage:
The term also includes any trees, grass, or other plants planted and/or maintained for any of the aforesaid purposes;
The term also includes-
( a) The removal of dead or growing timber, or other vegetation or aquatic plants, or of silt, shingle, soil, sand, gravel, stone, rock or other matter or thing whatsoever, from the bed, banks or fore- shore of any tidal waters or coastal lake or lagoon, or from the water of the bed or banks of a river or from any adjoining, adjacent or nearby lands;
(b) Changing or preventing the changing of the course of a river; defining and constructing the course of a river through a swamp or otherwise draining land;
(c) Preventing the erosion of the bed or banks of a river or of adjoining, adjacent or nearby lands by the waters of a river;
(d) Preventing the siltation of the course of a river where such work is confined to the bed or banks of a river and adjoining, adjacent or nearby lands;
(e) Preventing the flooding of land by the waters of a river;
(f) Deepening, widening, straightening or improving the course of a river;
(g) Preventing the inflow of sea water or saline water into the course of a river; or
(h) Preventing the erosion of lands by tidal waters or by the waters of any coastal lake or lagoon.
"Year"-The period of time from and including the first day of July in one calendar year to and including the thirtieth day of June in the next following calendar year:
Provided that the period of time from and including the date of the constitution of a Trust to and including the thirtieth day of June next ensuing shall in relation to such Trust, constitute a year.
(2) References to other Acts. Where any other Act is referred to herein, such reference shall include any Act amending or substituted for such other Act.
As amended by Act of 1956, 5 Eliz. 2 No. 24, s. 2; Act of 1959, 8 Eliz. 2 No. 27, ss. 2, 4; Act of 1965, No. 34, s. 2.
Acts referred to:
Irrigation and Water Supply Commission Acts, 1946 to 1949.
Public Works Land Resumption Acts, 1906 to 1955.
3. ( 1) Constitution of the Burdekin River Improvement Area. The Governor in Council shall by Order in Council constitute a river improvement area to be called "The Burdekin River Improvement Area."
The Burdekin River Improvement Area shall comprise a11 such areas and/ or parts of areas of Local Authorities as are included therein by the Order in Council constituting same:
Provided that the Burdekin River Improvement Area may be constituted by the area or part of the area of any one Local Authority.
( 2) Constitution of other river improvement areas. Any two or more Local Authorities may make a joint application to the Minister for the constitution of a river improvement area comprised of their areas and/or parts of their areas and the Governor in Council may, upon the recommendation of the Minister, by Order in Council constitute a river improvement area (under such name as shall be set forth in such Order in Council) comprising the areas and/ or parts of areas of Local Authorities in respect of which the application was made:
Provided that upon the application as aforesaid of a Local Authority a river improvement area may be constituted hereunder comprising its area or any part thereof if the Governor in Council is satisfied that the extension of this Act thereto will benefit such area or part.
( 3) The Governor in Council may at any time by Order in Council include in the Burdekin River Improvement Area or in another river improvement area any area or part of an area of a Local Authority which is not already included in some river improvement area:
Provided that this power shall not be exercised in relation to a river improvement area other than the Burdekin River Improvement Area except upon the recommendation of the Commissioner or the application of the Local Authority concerned.
( 4) (a) Subject to paragraph (b) of this subsection, the Governor in Council may by Order in Council exclude from the Burdekin River Improvement Area or any other river improvement area the whole or portion of the area or part of the area of a Local Authority which is for the time being included therein.
(b) Where the Governor in Council so excludes the whole of the area or part of the area of a Local Authority, and within that area or part, works have been constructed by the Trust concerned, the Governor in
Council shall by Order in Council-
(i) notwithstanding subsection (2) of this section, constitute the area of that Local Authority or such part thereof as the Governor in Council thinks fit a river improvement area under such name as shall be therein set forth; and
(ii) declare and apportion the assetf'; and liabilities of the Trust concerned in such manner as to him appears just and give such directions as in his opinion are necessary to give effect thereto.
(c) A declaration, apportionment or direction made pursuant to this subsection shall be binding and effective on all persons and shall not be / questioned in any proceedings whatever.
(5) (a) "The Burdekin River Benefited Area" as constituted immediately prior to the passing of "The River Improvement Trust Acts Amendment Act of 1959," shall, as and from the passing of the said Act and without further or other constitution, constitute "The Burdekin River Improvement Area" under this Act.
(b) Any area or areas or part or parts of an are_a or areas constituted under this section as a benefited area and in existence as such an area immediately prior to the passing of "The River Improvement Trust Acts Amendment Act of 1959," shall, as and from the passing of the said Act and without further or other constitution, constitute a river improvement area under this Act.
As amended by Act of 1959, 8 Eliz. 2 No. 27, ss. 4, 5; Act of 1965, No. 34, s. 3.
Act referred to:
River Improvement Trust Acts Amendment Act of 1959, assented to 16 April 1959.
4. Constitution of the Burdekin River Improvement Trust. (1) A Trust to be called "The Burdekin River Improvement Trust" is hereby con- stituted for the Burdekin River Improvement Area, which Trust shall, notwithstanding anything in this Act, be and be deemed to be so constituted on such date as the Governor in Council shall by Order in Council determine.
(2) The Governor in Council shall, by the Order in Council constituting any river improvement area other than the Burdekin River Improvement Area, or a later Order in Council, constitute a Trust for such river improvement area.
(3) (a) "The Burdekin River Trust" as constituted under sub- section one of this section and in existence immediately prior to the passing of "The River Improvement Trust Acts Amendment Act of 1959,"
shall, as and from the passing of the said Act and without further or other constitution, constitute "The Burdekin River Improvement Trust"
for the Burdekin River Improvement Area.
(b) The Trust constituted under subsection two of this section for any area and in existence immediately prior to the passing of "The River Improvement Trust Acts Amendment Act of 1959," shall, as and from
the passing of the said Act and without further or other constitution, constitute the Trust for the river improvement area which the said area now constitutes.
As amended by Act of 1959, 8 Eliz. 2 No. 27, ss. 4. 6.
Act referred to:
River Improvement Trust Acts Amendment Act of 1959, assented to 16 April 1959.
5. (1) Membership of Trust. Every Trust shall consist of the following members, namely:-
(i) A representative of the Government who shall be appointed by the Governor in Council and be the chairman .of the Trust; and
(ii) Two representatives of, and appointed by, each Local Authority the area or any part of the area of which is included in the benefited area for which the Trust is constituted.
The two members of a Trust representative of any Local Authority shall be members of such Local Authority and its chairman may be appointed one such representative.
(2) Tenure of office of members. The representative of the Govern- ment shall hold office as member and chairman of the Trust during the pleasure of the Governor in Council.
Every member of the Trust representative of any Local Authority shall hold office as such at the pleasure of the Local Authority.
(3) Failure or refusal to act as member. If any member of the Trust representative of any Local Authority fails or refuses to act as such, or is absent without leave from three consecutive ordinary meetings of the Trust, he shall be deemed to have vacated office as such member.
If the office of a member of the Trust representative of any Local Authority becomes vacant under this subsection, or for any other reason whatsoever, such Local Authority may appoint another of its members to such vacant office and, if such Local Authority fails to do so within seven days after being thereunto required in writing by the Minister, the Governor in Council may appoint a person (who neednot be a member of such Local Authority) to such vacant office.
Any person appointed under this subsection by the Governor in Council shall hold office as a member of the Trust at the pleasure of the Governor in Council.
(4) Quorum at meetings. At any meeting of the Trust not less than one-half of the full number of members thereof for the time being shall constitute a quorum.
(5) Times of meetings and procedure thereat. The Trust shall meet at such times and places and conduct its business in such manner as may be prescribed or, in so far as not prescribed, as it may from time to time determine:
Provided that the Minister shall fix the time and place for the holding of the first meeting thereof.
( 6) Deputy chairman. The Trust shall at its first meeting, and thereafter when and so often as a vacancy occurs in such office, appoint one of its members to be deputy chairman.
The deputy chairman may act in the office of chairman at all times when the chairman is prevented by absence, illness, or otherwise from performing his duties as such.
(7) Voting. At all meetings of the Trust every member present shall; save as otherwise provided by this Act, vote.
If a member refuses to vote his vote shall be counted for the negative.
In the event of an equality of votes the chairman or (when he is acting as chairman) the deputy chairman shall have a casting as well as a deliberative vote.
(8) Interest disqnalifies member from voting. Subsection four of section fourteen of "The Local Government Act of 1936" shall, mutatis mutandis, apply and extend to and with respect to members ·of the Trust.
(9) Adjournments. The members present at a meeting may from time to time adjourn the meeting.
If a quorum is not present within half-an-hour after the time appointed for a meeting, the members present or the majority of them or any one member if only one is present, or the secretary if no member is present, may adjourn such meeting to any time not later than seven days from the date of such adjournment:
Provided that nothing herein contained shall be construed to prevent the adjournment of any meeting to a later hour of the same day on which such meeting was appointed to be held.
(10) Notice of meetings. All notices of any meeting or adjourned meeting (other than of a meeting adjourned to a later hour of the same day on which such meeting was appointed to be held) shall be in writing, and shall be delivered or sent by post or otherwise to the address of each of the members previous to the meeting.
Every such notice shall specify the time of meeting and, in the case of a special meeting, shall specify the object thereof.
No business shall be transacted at any special meeting except such as is stated in the notice thereof.
(11) Validation of proceedings. If any member refuses or neglects to act or to attend any duly convened meeting of the Trust, all lawful acts and proceedings of the Trust shall be as valid and effectual as if they had been done or authorised by the full Trust.
No proceedings of the Trust or of any person acting as chairman or member shall be invalidated by reason of any defect in his appointment or of any disqualification of any such person or by reason of there being any vacancy in the number of members at the time of such proceedings, provided that the number of members is not reduced below two.
As amended by Act of 1959, 8 Eliz. 2 No. 27, s. 7; Act of 1959 (No. 2), 8 Eliz. 2 No. 71, s. 2.
Act referred to:
Local Govemment Acts, 1936 to 1965.
6. Secretary, officers, and employees. ( 1) The Trust shall appoint a secretary and may appoint such other officers as it deems necessary.
The Trust may with the consent of any Local Authority represented thereon appoint the clerk of such Local Authority to be its secretary, and such clerk may hold both offices.
(2) The secretary shall, subject to the Trust, have power to execute documents on behalf of the Trust and to affix the official seal thereto and shall also have such other powers and perform such other duties as may from time to time be prescribed or, in so far as not prescribed, appointed or directed by the Trust.
(3) The Trust may retain or obtain the advice or services of such technical advisers and experts as it shall from time to time consider necessary.
( 4) Employees. The Trust may employ such employees as it shall deem necessary.
As amended by Act of 1959 (No.2), 8 Eliz. 2 No. 71, s. 3.
7. Trust constituted a body corporate. (1) The Burdekin River Improve- ment Trust is hereby constituted a body corporate under the name and style of "The Burdekin River Improvement Trust," and every other
trust is hereby constituted a body corporate under the name and style set forth in the Order in Council constituting it.
(2) The Trust shall, by its corporate name, have perpetual succession and an official seal and shall be capable in law of suing and being sued and, subject to this Act, shall have power to take, acquire by grant, purchase, sell, exchange, lease, transfer, surrender to the Crown, and hold lands, goods, chattels and other property.
(3) All courts, judges, justices, and persons acting judicially shall take judicial notice of the appointment of the chairman and other members of and of the secretary to the Trust and of their respective signatures and of the seal of the Trust affixed to any document or notice or other writing, and until the contrary is proved shall presume that any such signature or such seal, as the case may be, was duly affixed to any document or notice concerned.
( 4) Every document, notice, or other writing shall be sufficiently authenticated if it is signed by the chairman or any two members of the Trust or if it is sealed with the seal of the Trust and signed by the chairman or secretary of the Trust.
The chairman shall be the executive officer of the Trust.
(5) The name of any Trust (other than the Burdekin River Trust) incorporated under this section and in existence immediately prior to the passing of "The River Improvement Trust Acts Amendment Act of 1959,"
shall as and from the passing of the said Act, be changed by substituting the words "River Improvement Trust" for the words "River Trust".
The name of "The Burdekin River Trust" incorporated under this section and in existence immediately prior to the passing of "The River Improvement Trust Acts Amendment Act of 1959," shall as and from the passing of the said Act be changed by substituting the words "River Improvement" for the word "River".
The change in name of any such corporation shall not affect the continuance in office in terms of his appointment by or under this Act, of any member thereof, or the continuity of identity, or any rights and obligations, of the said corporation nor render defective any legal pro- ceedings by or against the said corporation, and any legal pro- ceedings that might have been commenced or continued by or against the said corporation by its former name may be commenced or continued by or against it by its new name.
As amended by Act of 1959, 8 Eliz. 2 No. 27, s. 8.
Act referred to:
River Improvement Trust Acts Amendment Act of 1959, assented t&
16 April 1959.
8. Borrowing. ( 1) Subject to this Act a Trust may from time to time, with the prior authority of the Governor in Council, borrow money-
( a) from the Treasurer;
(b) by the sale of debentures; or
(c) partly in one and partly in another of the ways specified in paragraphs (a) and (b) of this subsection,
for the purposes of exercising any powers or discharging any functions or duties conferred or imposed by this Act.
(2) Before entering into negotiations to borrow money, a Trust shall fust obtain the sanction of the Treasurer authorizing it to enter upon such negotiations and, for this purpose, shall furnish the Treasurer such information as he requires.
(3) A Trust shall not borrow any money pursuant to any negotia- tions sanctioned by the Treasurer under subsection (2) of this section unless the authority of the Governor in Council thereto is first obtained.
In the case of a loan to be raised in whole or in part by the sale of debentures the authority shall be given by Order in Council.
The Order in Council shall declare the amount that may be borrowed, the purposes for which the loan shall be borrowed, the currency of the loan, the amount of interest payable thereon, the terms and conditions for the redemption of the loan, whether by yearly or half- yearly payments or payments into a sinking fund, and such other conditions as the Governor in Council thinks proper to impose.
( 4) Before proceeding to borrow any sum under and in pursuance of this section the Trust shall at a special meeting called for the purpose pass a resolution to borrow that money. Notice of such special meeting and a copy of the resolution to be moved at the meeting shall be given to each member of the Trust at least seven days before the date of the meeting.
Substituted by Act of 1965, No. 34, s. 4.
SA. Further loan where amount borrowed inadequate. In the event of any money borrowed pursuant to the provisions of section eight of this Act proving inadequate for the purposes for which the same was borrowed, the Trust shall-
( a) obtain the permission of the Treasurer to borrow such further sums as are necessary for such purposes; and (b) upon obtaining the permission of the Treasurer, pass a
resolution authorizing it to borrow such further sums for such purposes; and
(c) notify the Minister of the passing of the resolution,
whereupon the Minister, if satisfied of such inadequacy and that it arose owing to circumstances beyond the control of the Trust may certify accordingly.
When the Minister so certifies, the Trust shall be at liberty to borrow such further sums as necessary for such purposes without the procedure prescribed by subsection ( 4) of section eight of this Act being complied with.
Inserted by Act of 1965, No. 34, s. 5.
SB. Application of loan moneys. ( 1) All moneys borrowed by a Trust shall be expended for the purposes for which such Trust was authorized to borrow the same and, except as prescribed by this section, not otherwise.
(2) If any amount of a loan remains unexpended upon the com- pletion of the purpose for which such loan was borrowed such amount
shall be applied as directed by the Treasurer .
. ( 3) A person advancing money to a Trust and receiving in consideration of an advance any debentures issued under the authority of this Act shall not be bound to inquire whether the issue of such debentures was in fact duly authorized or into the application of the money advanced or be in any way responsible for the non-application or misapplication thereof.
Inserted by Act of 1965, No. 34, s. 5.
Sc. Repayment of Treasury loans. ( 1) Every loan advanced by the Treasurer under the provisions of this Act shall be liquidated by the payment to the Treasurer by the Trust on the first days of January and July, respectively, in every year of such instalments of principal and interest at the prescribed rate as will permit the said loan to be wholly redeemed within the prescribed period of the said loan, and such sums shall continue to be payable until all moneys advanced from time to time by the Treasurer, together with the interest accrued thereon, have been so paid.
The Treasurer may at any time make any adjustment which he considers necessary to be made with respect to the period of any loan or the calculation of interest thereon or with respect to any other matter requiring adjustment.
(2) In the months of February and August, respectively, in every year, the Treasurer shall cause to be published in the Gazette a state- ment showing, with respect to a Trust to which a loan has been advanced by the Treasurer under this Act, the amount of money which is then overdue and in arrear and also the total of the principal sum then remaining unpaid.
If thereafter on the thirtieth day of April, or the thirty-first day of October, respectively, any part of such moneys so overdue and in arrear remains unpaid or if the Treasurer pays any money under a guarantee given by him in relation to moneys borrowed by a Trust under the authority of this Act, the Treasurer may, by notification in the Gazette, appoint a receiver to collect on his behalf and to pay to the Treasury all or any moneys from time to time due and owing to the Trust concerned to the amount stated in such notification.
The Treasurer may from time to time make all such orders and give all such directions with respect to the powers and duties of such receiver and the management by him of the affaivs of the Trust concerned as the Treasurer thinks proper, and judicial notice shall be taken of such orders and directions.
Thereupon such receiver shall from the date stated in such notification be the only person legally entitled to receive the revenues of the Trust concerned, and shall be deemed to that extent and for that purpose to be
a "public accountant" within the meaning of "The Audit Acts, 187 4 to 1965."
Inserted by Act of 1965, No. 34, s. 5.
Aot referred to:
Audit Aots, 1874 to 1965.
8D. Debentures. ( 1) Subject to this Act, all debentures shall be issued in such series, at such time, and in such a manner as the Trust thinks fit, and shall be a charge upon all the assets and revenues of the Trust howsoever arising, subject to any prior debentures issued according to law.
Such debentures shall bear interest at the rate and shall be repayable on the date respectively prescribed in the Order in Council referred to in subsection (3) of section eight of this Act.
(2) Every such debenture shall be under the seal of the Trust and shall be signed by the chairman and secretary, and when so sealed and signed shall be deemed to have been duly issued, and the holder thereof shall not be bound to inquire whether such issue was in fact duly authorized.
(3) The Trust may authorize the sale or disposal of any such debentures in Queensland or in places beyond Queensland, and may appoint an agent or agents to negotiate such sale.
( 4) Every debenture shall specify the place and time where and when the principal and interest are payable.
( 5) Any debenture may at the option of the lender be issued with or without coupons.
If issued with coupons, the debenture shall have annexed thereto for every payment (whether of principal or interest, or principal and interest) to grow due thereon a coupon.
(6) Every debenture and every coupon annexed to any debenture shall be transferable by delivery.
(7) In the case of any debenture issued with coupons the holder of any such coupon shall be entitled to receive from the Trust payment of the sum specified in the coupon upon presentation thereof, either annexed to or separated from the debenture, at the place where, and on or after the date when, such sum is payable.
(8) In the case of any debenture issued without coupons, the lender or, in the event of the transfer of such debenture at any time or from time to time, the transferee for the ·time being shall, subject to this subsection, be entitled to receive payments from the Trust in respect of principal or interest, or both, in accordance with the terms and conditions of the debenture.
A transferee with respect to whom the Trust has not been given notice as prescribed shall not be entitled to receive, and the Trust shall not be liable to make to such a transferee, any payment in respect of any debenture issued without coupons except under attachment by process of law and then only to the extent of moneys due and payable to such transferee under the debenture and unpaid by the Trust to the lender or a prior transferee.
The entitlement of a transferee with respect to whom the Trust has been given notice as prescribed to receive any payment in respect of a debenture issued without coupons shall be subject to any payment which, having become due and payable under such debenture before the Trust was given such notice, was made by it to the lender or a prior transferee.
In this subsection the expression "notice as prescribed" means a notice in writing signed by the trahsferor and transferee and verified to the satisfaction of the Trust.
( 9) The power under this Act of the Governor in Council to make regulations shall include power to make regulations prescribing standard forms of debentures.
A lender may agree to accept a standard form of debenture, but no lender shall be bound to do so.
Inserted by Act of 1965, No. 34, s. 5.
8E. ( 1) Notice of trusts not to be received. No notice of any trust express, implied or constructive shall be received by any Trust or by any officer or other employee or any agent of that Trust in relation to any debentures issued by that Trust under the authority of this Act and the Trust or any such officer, other employee or agent shall not be bound to see to the execution of any such trust to which any such debentures may be subject.
(2) Loan to be authorized investment. Unless expressly forbidden by the instrument (if any) creating the Trust, an investment by a trustee of trust funds in a loan raised under the authority of this Act shall be and be deemed to be an authorized investment by the trustee pursuant to the provisions of section four of "The Trustees and Executors Act of 1897" (as amended by subsequent Acts) and such Act shall be read and construed accordingly.
Inserted by Act of 1965, No. 34, s. 5.
Act •efeDred to:
Trustees and Executors Acts, 1897 to 1964.
SF. Guarantee of loans. (1) Notwithstanding anything to the contrary contained in any Act, the amount of any loan borrowed by any Trust by the sale of debentures under the authority of the Governor in Council with interest at the authorized rate shall be guaranteed by t!he Treasurer on behalf of the Government of Queensland.
(2) All moneys payable by the Treasurer pursuant to this section shall be paid out of moneys to be from time to time appropriated by Parliament for the purpose.
(3) The provisions of section five of "The Local Bodies' Loans Guarantee Acts, 1923 to 1957," shall, with any necessary adaptations thereof, extend and apply in respect of moneys paid by the Treasurer pursuant to this section.
Inserted by Act of 1965, No. 34, s. 5.
Act referred to:
Local Bodies' Loans Guarantee Acts, 1923 to 1957.
8G. Brokerage. A Trust may pay moneys by way of brokerage for or in respect of the making, procuring, negotiating, or obtaining the loan of any money which the Governor in Council has by Order in Council authorized that Trust to borrow:
Provided that no moneys shall be paid by the Trust by way of brokerage for or in respect of the loan of any moneys borrowed by it unless the Treasurer has approved of the payment of brokerage, which approval may be given by the Treasurer subject to such terms and conditions as to him shall seem fit.
Section fourteen of "The Money Lenders Acts, 1916 to 1962," shall not apply or extend to brokerage to which the Trust is authorized to pay under and in accordance with this subsection, and which brokerage has been approved by the Treasurer and is agreed to be paid by the Trust ' subject to the terms and conditions, if any, imposed by the Treasurer.
Inserted by Act of 1965, No. 34, s. 5.
Act .referred <to:
Money Lenders Acts, 1916 to 1962.
8H. Remedies of debenture holders. If a Trust makes default in making a payment whether of principal or interest to the holder of any debenture or coupon issued by the Trust under the authority of this Act such holder may make application to and procure all necessary orders and directions from the Supreme Court for the appointment of a receiver and such court shall have power to make all such orders for the appointment of such a receiver and for his removal and the appointment of another in his place as may be necessary and to make any orders and give any directions which such court thinks proper.
A receiver appointed pursuant to this section shall be deemed to be an officer of such court and shall act under its direction.
Inserted by Act of 1965, No. 34, s. 5.
Sr. ( 1) Remuneration of receiver. A receiver appointed by the Treasurer pursuant to section 8c of this Act shall be entitled to such commission or remuneration for his services as the Treasurer orders.
A receiver appointed by the Supreme Court pursuant to the last preceding section shall be entitled to such commission or remuneration
as the court ordevs.
The commission or remuneration of a receiver shall be payable out of the revenue of the borrowing authority in relation to which he was appointed.
(2) Powers and duties of receiver. A receiver whether appointed by the Treasurer or the Supreme Court may collect all the revenue payable to the Trust in relation to which he was appointed and, for the purposes of this section, a receiver shall be deemed to be such Trust and may exercise all the powers of such Trust.
A receiver shall pay and apply all moneys received by him in the course of his receivership as follows:-
( a) Firstly, in payment of the costs, charges and expenses of collection and of his commission or remuneration;
(b) Secondly, if he was appointed by the Treasurer, in payment of the amount due and payable to the Treasurer including any money paid by the Treasurer under a guarantee given by the Treasurer in relation to moneys borrowed by the Trust under the authority of this Act together with interest on such amount at such rate as is specified by the Treasurer and, if he was
appointed by the Supreme Court upon the application of a holder of any debenture or coupon in payment, subject to any order of the court, to such holder or to and amongst the holders of debentures or coupons of the same series as such holder or to the holders of debentures or coupons generally in such order of priority as the court thinks fit the amount due and payable to such holder or, as the case may be, holders;
(c) Thirdly, in payment of the residue of such moneys to the Trust.
Inserted by Act of 1965, No. 34, s. 5.
8J. Moneys recoverable as debt. If a Trust makes default in making a payment referred to in section 8H of this Act, the person to whom such payment should have been made may recover the amount in respect of which such default has been made as a debt by action against the Trust in any court of competent jurisdiction.
Inserted by Act of 1965, No. 34, s. 5.
8K. Regulations relating to loans. The power conferred on the Governor in Council by this Act to make regulations includes the power to make such regulations relating to the raising and repayment of loans under the authority of this Act and, without limiting the generality of the foregoing power,-
( a) prescribing the form of and the manner of the issuing of debentures, providing for the keeping and inspection of and the taking of copies of or extracts from the register of debentures and providing for lost or defaced debentures or coupons and the destruction of discharged debentures or coupons;
(b) prescribing matters relating to the raising of loans outside the State;
(c) providing for sinking funds and other methods for the repayment of moneys borrowed, providing for and appointing trustees of a debt redemption fund with respect thereto and prescribing the powers, functions and duties of such trustees and regulating and controlling all or any matters with respect to such debt redemption fund, trustees, sinking funds or other methods aforesaid.
Inserted by Act of 1965, No. 34, s. 5.
8L. Illegal borrowing. ( 1) A person who lends money to a Trust otherwise than in accordance with this Act or some other Act shall have no remedy or right whatsoever to recover money from the Trust in respect of that loan.
(2) If a Trust borrows any money which it is not legally authorized to borrow, all the members who have consented to the borrowing of such money shall be jointly and severally liable to repay the same and to pay all interest thereon to the person from whom the same was borrowed, and the same may be recovered from such members or any of them as money lent by such person to such members by action in any court of competent jurisdiction.
(3) If any moneys are appropriated from any fund for the purpose of repaying any money so borrowed or paying interest thereon, the members who have consented to the misappropriation of such moneys for that purpose shall be jointly and severally liable to refund the same with interest at the rate of sixteen dollars per centum per annum, and the same may be recovered from such members or any of them by action in any court of competent jurisdiction at the suit of the Minister or any person thereunto authorized by the Minister who, upon recovery, shall pay the amount recovered into the fund in question, but shall be personally entitled to full costs of suit, including costs as between solicitor and client.
( 4) The provisions of this section shall be construed so as not to prejudice the operation of the provisions of subsection (3) of section 8B of this Act.
Inserted by Act of 1965, No. 34, s. 5.
Decimal currency references substituted pursuant to section 7 of Decimal Currency Act of 1965.
9. Application of the Act 6 Edw. 7 No. 14 and amending Acts. ( 1) The Trust shall, in relation to land as defined therein, be and be deemed to be a constructing authority within the meaning of "The Public Works Land Resumption Acts, 1906 to 1938," and the purposes for which land as defined in such last-mentioned Acts may be taken by the Trust thereunder shall include any works or purpose with respect or in relation to which any right, power, or authority is conferred or duty or obligation imposed upon the Trust under this Act.
(2) The Minister for Lands may resume for any works or purpose mentioned in subsection one of this section or in section fifteen hereof any land other than land as defined in "The Public Works Land Resumption Acts, 1906 to 1938," and all of the provisions of "The Land Acts, 1910 to 1937," relating to resumptions thereunder shall, mutatis mutandis, apply and extend accordingly.
All such works or purposes shall be and be deemed to be "public purposes" within the meaning of that term as it occurs in "The Land Acts, 1910 to 1937," except in the definition of the term "Crown land".
( 3) Amount of compensation payable to trustees. The claim for compensation of the trustee or trustees of any land in respect of the taking of same under this Act shall be limited to the amount of actual damage caused to the Trust by reason of the taking, and no such trustee shall have any other right, remedy, or claim whatsoever in respect of such taking against the Crown, or any Minister of the Crown, or the Commissioner, or the Trust or any member thereof, or any other person whomsoever, and this Act, "The Public Works Land Resumption Acts, 1906 to 1938," and every other relevant Act or law or rule, practice, or process of law, or judgment of any court of competent jurisdiction, shall be read, construed and applied subject to this subsection.
( 4) When Central Sugar Cane Prices Board may determine compensation. When the whole or any part of land proposed to be taken hereunder by the Minister for Lands, or by the Commissioner, or by the Trust is assigned to a sugar mill the owner of such land may make application to the Central Sugar Cane Prices Board to determine the compensation payable for such land, and thereupon all claims for compensation in respect of such land shall be heard and determined by that Board.
For the purposes of the making, hearing, and determination of any such application and of all such claims for compensation the Central Sugar Cane Prices Board shall be the court having jurisdiction under
"The Land Acts, 1910 to 1937," or "The Public Works Land Resumption Acts, 1906 to 1938," in lieu of the court prescribed by whichever of such last-mentioned Acts is applicable to the case:
Provided that the determination of such Board shall be final and conclusive, and shall not be appealed against, quashed, or otherwise dealt with in any other court or tribunal whatsoever.
( 5) Assignment in lieu of assigned land taken. The Central Sugar Cane Prices Board shall have power to grant an assignment of land to the same or another mill in lieu of any assigned land taken hereunder by the Minister for Lands, or by the Commissioner, or by the Trust, and the value of any such assignment or proposed assignment shall in any event be set off against the compensation payable.
(6) Procedure as to taking of land modified. (a) Neither section six nor paragraph (i) of section seven of "The Public Works Land Resumption Acts, 1906 to 1938," shall apply or extend to or with respect to land required to be taken by the Trust but, in lieu of the said section six, the following provision shall apply, namely:-
When the Trust requires to take any land it shall, not less than thirty clear days before the Proclamation in respect of such land prescribed by paragraph (ii) of section seven of "The Public Works Land Resumption Acts, 1906 to 1938," is made, serve upon each person who to its knowledge is entitled pursuant to section fifteen of such last-mentioned Acts to make a claim for compensation a notice stating that it requires to take such land and containing the particulars hereinafter prescribed.
Such notice shall-
(i) Contain a description of the land to be taken sufficient to identify same;
(ii) State that the Trust is willing to treat as to the compensation to be paid in respect of the land taken and all consequential matters.
(b) The Trust may at any time after the service of any notice or notices pursuant to paragraph (a) of this subsection, but before the making of the Proclamation in respect of the land concerned prescribed by paragraph (ii) of section seven of "The Public Works Land Resumption Acts, 1906 to 1938," serve upon every person who has been served with such first-mentioned notice a further notice stating that it is discontinuing the resumption of the land concerned. Service of the further notice or notices prescribed by this paragraph shall discontinue the resumption concerned, and no person shall have any claim for compensation or any other right or remedy whatsoever against the Trust or any member thereof or any other person whomsoever for any loss or damage alleged to have been occasioned (directly or indirectly) by the service of a notice or further notice as aforesaid except a claim for the amount of any actual damage done to the land concerned by the Trust.
(c) Any such notice or further notice may be served personally or by post, and for the purpose of service by post any such notice shall be properly addressed if it is addressed to the place of abode or business address of the person to be served therewith last known to the Trust.
(d) The omission by the Trust to serve upon any person entitled thereto a notice as prescribed by this subsection shall not prejudice any Proclamation made under paragraph (ii) of section seven of "The Public Works Land Resumption Acts, 1906 to 1938," with respect to any land, and any land included in any such Proclamation shall be deemed to be taken in terms of the Proclamation concerned notwithstanding any such omission, and the omission by the Trust to serve upon any person entitled thereto a further notice as prescribed by this subsection shall not prejudice the discontinuance of any resumption by the Trust.
(e) Subsection three of section eight of "The Public Works Land Resumption Acts, 1906 to 1938," shall, mutatis mutandis, apply and extend to and with respect to any notice or further notice referred to in this subsection as well as to any Proclamation taking land.
(f) It shall not be necessary to mention the works or purpose for which any land is proposed to be or is taken by the Trust in a notice under this subsection or Proclamation under "The Public Works Land Resumption Acts, 1906 to 1938," with respect to the taking of such land by the Trust, but it shall be sufficient to state that such land is proposed to be or is taken by the Trust.
(g) Subsection one of section eighteen of "The Public Works Land Resumption Acts, 1906 to 1938," shall not apply or extend to or with respect to land taken by the Trust, but the time limited for making a claim for compensation under such last-mentioned Acts shall be three months from the date of the Proclamation taking the land, except in the case of a claimant not notified by the Trust of its intention to take the land concerned who may claim compensation within three months after the making of such Proclamation comes to his knowledge.
(7) Costs. Notwithstanding anything contained in any other Act or law or rule or process of law, the court or arbitrator who or which determines the compensation payable for any land taken by the Trust may at his or its discretion order payment of the costs of the proceedings:
Provided that if the amount of compensation as finally determined is the amount claimed by the claimant or is nearer to such amount than to the amount offered by the Trust, costs (if any) shall be awarded to the claimant; otherwise costs (if any) shall be awarded to the Trust.
(8) Construction of section. To the extent necessary to give same full operation and effect this section shall be read and construed with and as modifying "The Public Works Land Resumption Acts, 1906 to 1938."
As amended by Act of 1959, 8 Eliz. 2 No. 27, ss. 4, 9; Act of 1965, No. 34, s. 6.
Acts referred to:
Public Works Land Resumption Acts, 1906 to 1955.
Land Acts, 1910 to 1937; see now Land Acts, 1962 to 1965.
10. Works which Trust shall undertake and/or maintain. (1) The Trust shall undertake and/or maintain the following works, namely:-
(a) All such works as the Commissioner, with the consent of the Minister, from time to time directs or approves; and (b) All such works as the Commissioner, with the consent of
the Minister, directs the Trust to maintain:
Provided that no such work shall be undertaken by the Trust in, on, over, through or across any foreshore or any land lying under the sea within Queensland waters or any land lying under any harbour (including any navigable river) without the joint approval of the Minister and the Minister administering "The Harbours Acts, 1955 to 1959," and "The Queensland Marine Act of 1958," previously had and obtained.
The provisions of subsection two of section eighty-six, sections eighty-seven to ninety, both inclusive, and subsection one of section ninety- one of "The Harbours Acts, 1955 to 1959," shall not apply to works undertaken for the purposes of this Act with the joint approval of the Minister and the Minister administering "The Harbours Acts, 1955 to 1959," and "The Queensland Marine Act of 1958":
Provided further that any such works which will interfere with, damage, or prejudice otherwise howsoever any works or undertakings of the Crown, any Local Authority, any Electric Authority, or any corporation, instrumentality or authority (other than a Harbour Board) created by or under any Act, or which are objected to by any of the aforesaid on the ground of interference, damage or prejudice as aforesaid, shall not be undertaken by the Trust without agreement as to the steps and things to be taken and done for preventing or minimising any such interference, damage or prejudice or, failing such agreement, until such steps and things have been determined by the Governor in Council.
(2) Moreover, the Trust shall before the expiration of each year plan a programme of works for the following year and shall submit such plan to the Commissioner who, subject to the consent of the Minister, may approve of same either with or without modification.
This subsection shall not prejudice or limit the power of the Commissioner to direct the Trust to undertake and/ or maintain any works.
( 3) The power of the Trust to undertake works includes, but without limiting the ordinary meaning of that term, power, subject to the direction or approval of the Commissioner in that behalf given with the consent of the Minister, to construct, establish, carry out, manage, and/or control the works concerned.
( 4) The Trust may enter into contracts for or with respect to the undertaking and/or maintenance of any works.
(5) Contracts. The Trust may agree with any owner or, where the owner is not the occupier, with the owner and occupier of any land for or with respect to the undertaking and/ or maintenance by the Trust of works in or upon such land or any part thereof and/ or for or with respect to the use by the Trust of any land or any part thereof for the purposes of ingress, egress, and regress to and from such land or any other land upon or in which the Trust is undertaking and/ or maintaining any works.
Upon production to the Registrar of Titles or, if some other authority is charged with registering instruments of title to the land concerned, then to such other authority, of any such agreement and the lodgment with him of a copy thereof the Registrar of Titles or such other authority shall register same upon all instruments of title to the land concerned, and thereafter such agreement shall, while it remains in force, be binding upon every person who had at the time of the making thereof, or who, at any time after the making thereof, becomes possessed of any estate or interest (legal or equitable) or any easement, right, power, or privilege over, in, or in connection with such land.
( 6) All contracts or agreements made by the Trust under subsection four or, as the case may be, subsection five of this section shall be effectual in law and shall be binding on the Trust and all other parties thereto, their successors, executors, administrators, and permitted assigns, as the case may be, and in the case of default in the execution of any such contract or agreement, either by the Trust or by any other party thereto, such actions may be maintained thereon and such damages and costs recovered by or against the Trust or the other parties failing in the execution thereof as might have been maintained and recovered if the same contracts or agreements had been made between private persons only.
(7) The Commissioner or any person authorized in writing by him in that behalf or any member of a Trust or any of its officers or employees authorized in writing on that behalf by the Trust may enter upon any land-
( a) where an emergency exists, forthwith;
(b) in any other case, upon seven days' notice in writing being given to the owner or occupier of that land,
for the purpose of-
(c) examining whether any of the provisions of this Act or any requisition, notice or order issued pursuant to t!his Act is being complied with or is being contravened;
(d) making any plans or survey or taking levels;
(e) making any inspection or examination;
(f) otherwise in or for carrying out any of the powers, duties or authorities conferred or imposed upon the Trust by or pursuant to this or any other Act.
The power to enter upon any land includes power to-
(g) remain upon that land for such time as is necessary to achieve the purpose of such entry;
(h) take such assistants, vehicles, materials, equipment or things as are necessary to achieve t!he purpose of such entry.
( 8) Where, consequent upon the exercise of a power conferred by subsection (7) of this section, loss or damage results to the owner or occupier of the land in respect whereof such power is exercised, the Trus·t, or as the case may be, the Commissioner shall pay compensation therefor to the person or persons entitled thereto.
If the amount of such compensation is not agreed upon it shall be determined by the court or tribunal which would be authorized under this Act to determine the compensation payable in the event of the Trust or, where the Commissioner is to pay compensation, the Trust constituted in respect of the river improvement area in which the land in question is situated, taking the land concerned.
As amended by Act of 1959, 8 Eliz. 2 No. 27, ss. 4, 10; Act of 1959 (No. 2), 8 Eliz. 2 No. 71, s. 4; Act of 1965, No. 34, s. 7.
Acts referred to:
Harbours Acts, 1955 to 1964.
Queensland Marine Acts, 1958 to 1963.
11. Improvement notices. (1) A Trust may by notice in writing (in this section called an "improvement notice") prohibit an owner of land within the river improvement area for which it is constituted or, if the
owner is not the occupier, the occupier of that land from-
( a) doing and executing or continuing to do and execute;
(b) suffering or permitting the doing and executing or suffering or permitting the continuance of the doing and executing of, any act, matter, or thing whatsoever which in the opinion of the Trust-
( c) was the cause of or contributed to any damage already done by flood or cyclone to any bank of any river within the river improvement area; or
(d) is likely to cause or contribute to any such damage in the future.
In this section "prohibit" includes control and regulation.
An improvement notice may be addressed to any number of persons and may be given to one of such persons on behalf of all of such persons and in such event shall be deemed to have been given to all the persons to whom it is addressed.
(2) Where an owner or occupier of land within a river improvement area has done or executed or suffered to be done or executed any act, matter or thing which the Trust constituted for that area is authorized by subsection (1) of this section to prohibit then, notwithstanding that it did not impose such prohibition, the Trust concerned may by notice in writing (in this section called "an improvement notice") direct such owner or occupier to take and do such steps and things as the Trust deems necessary to abate, remedy or prevent any damage so specified in subsection ( 1) of this section already caused, or which in the opinion of the Trust would be caused or contributed to in the future, by the doing of such act, matter or thing (which damage so directed to be abated, remedied or prevented shall be specified in the improvement notice) and to restore the surrounding area to its former condition as nearly as practicable.
Such notice shall specify the time within which the directions specified therein shall be complied with.
( 3) A person to whom an improvement notice is given or is deemed to have been given pursuant to this section and every person who subsequent to the giving of such notice becomes the owner or occupier of the land in respect of which it was given whether or not he had or would be deemed in law to have had notice of its existence shall comply in every respect with such notice unless it has ceased to subsist or to operate.
( 4) A person who is required by this section to comply with an improvement notice and who fails to comply in every respect with such notice shall be guilty of an offence and liable to a penalty of-
(a) in respect of a first offence, not more than two hundred dollars;
(b) in respect of a second or subsequent such offence (whether committed in respect of non-compliance with the same provision or any other provision of the improvement notice or with any subsequent improvement notice issued pursuant to this section), not more than one thousand dollars.
A person guilty of an offence against this subsection shall, in addition to the penalty in respect thereof, be liable to a daily penalty of not more than twenty dollars for each and every day during which such offence is continued after a conviction therefor.
(5) Where, consequent upon the compliance with an improvement notice, damage results to a cultivated crop growing on the land in respect of whioh the improvement notice was given, the Trust which gave the notice shall pay compensation .therefor to the owner or, as the case may be, occupier of the land concerned.
If the amount of compensation cannot be agreed upon it shall be determined by the court or tribunal which would be authorized under this Act to determine the compensation payable in the event of the Trust taking the land concerned.
( 6) If any person being required by this Act to so comply fails to comply with an improvement notice the Trust concerned may do or cause to be done such acts as, in the opinion of the Trust, are necessary to fully comply with such notice and, if it does so, such person shall be liable (and, in the case of more than one such person, jointly and severally liable) to pay to the Trust the expenses reasonably incurred by the Trust in effecting such compliance and such expenses together with costs may be recovered as a debt at the suit of 1!he Trust in any court of competent jurisdiction or by way of complaint under "The Justices Acts, 1886 to 1964."
The provisions of this subsection or the recovery of any expenses or costs pursuant hereto shall not affect the liability of the person concerned to be prosecuted and penalized for his failure to comply with such a notice.
For the purposes of this subsection the Trust concerned and its employees and agents with such assistants as may be required for the purpose together with all tools, equipment and implements reasonably required for the purpose may enter and remain upon, pass and repass
over any land.
(7) Upon convicting any person of a failure to comply with an improvement notice a court may, in lieu of or in addition to any penalty for such failure, order such person to pay to the Trust concerned the whole of the expenses proved to the satisfaction of such court to have been reasonably incurred by the Trust in effecting compliance with such
notice.
( 8) If any person being required by this Act to so comply fails to comply with an improvement notice the Trust concerned may apply to the Supreme Court of Queensland that an order for mandamus be made or an injunction be issued directed to such person to compel him to comply with such notice or, as the case may be, to refrain from contra- vening such notice and such court may grant any such remedy as it considers just.
For the purposes of an application made pursuant to this subsection the Trust concerned shall be deemed to possess a sufficient interest or right in law to support the grant of such a remedy.
Substituted by Act of 1965, No. 34, s. 8.
Decimal currency references substituted pursuant to section 7 of Decimal Currency Act of 1965.
Act referred to:
Justices Acts, 1886 to 1965.
